'Don't send Ramage to jail,' victim's family pleads

The son of former Chicago Blackhawk Keith Magnuson today told a judge that instead of sending Rob Ramage to jail in his father's death, it would be better to have him warn others against impaired driving.

Kevin Magnuson said his father always taught his family forgiveness and he would have wanted them to forgive the former Toronto Maple Leaf captain for taking his life.

"We have already forgiven Rob," said Magnuson's son, standing between his mother Cynthia and his sister Molly before Justice Alexander Sosna in a Newmarket courtroom.

Instead of sending Ramage to prison, Kevin urged Justice Sosna to order his father's friend to travel North America, speaking out against the dangers of drinking and driving to "impressionable" high school athletes.

"In doing so, Rob's family will not lose their husband and father, as we have, and even if one young life is saved then justice will have been done," Kevin said.

"Such a sentence would allow the three of us to sleep soundly knowing that some societal good is coming from the tragic death."

Ramage, now 48, was found guilty by a jury in October of five criminal charges, including impaired and dangerous driving in the death of Magnuson, 56, and impaired and dangerous driving causing bodily harm to Michelle Pacheco, 39, of Concord.

He was also found guilty of having excess blood alcohol in his system at the time of the tragedy..

The former Blackhawk captain died instantly when the rental car that Ramage was driving crossed the centre line of eastbound Rutherford Rd. and collided head-on with Pacheco's westbound Nissan.

She suffered a broken heel and upper body tissue injuries and is still receiving physiotherapy.

York Crown attorney Paul Tait, acknowledging Ramage's many good qualities and letters of support, said he was seeking a prison term of between three and five years.

Defence attorney Brian Greenspan is seeking a conditional sentence of between 12 and 21 months of house arrest. If rejected, he's asked for the former 1979 NHL first-round draft pick to receive a prison sentence of two years plus a year's probation, a sentence that could see Ramage eligible for day parole in four months and full parole in eight months.

During the trial, jurors heard that Ramage had a blood alcohol level of at least 229 milligrams per 100 millilitres of blood and possibly as high as 292. His urine alcohol levels tested between 217 and 282.

The readings indicated he was two-and-a-half to nearly four times over the legal limit in Ontario of 80 milligrams of alcohol per100 millilitres of blood at the time of the crash, which occurred about 30 minutes after the two former NHLers left a funeral reception for Keith McCreary at the Glen Eagle Golf Club in Bolton.

Last month, a civil jury in Missouri awarded the Magnuson family $9.5 million in their wrongful death lawsuit against Ramage and National Car Rental.

Kevin Magnuson told the court today that the money will be used to establish. the Keith Magnuson Charitable Foundation to continue his father's legacy of serving the community.

Kevin Magnuson also told Justice Sosna that there was no excuse for Ramage getting behind the wheel drunk, but that he has already "paid the price' for his "irresponsible" actions, which Magnuson described as not having any "malevolent intent" behind them.

"Let us remind you that we have long forgiven Rob his mistake and we ask you do the same so some good will come from this tragic situation," Kevin told Justice Sosna.

"By sentencing Rob to prison in Canada, it would take him away from his home, his family and his employment.

"In doing so, you would be imposing direct harm upon his wife Dawn and their children. Effectively, you would be adding more victims to this tragic series of events.

"Please understand that as the direct victims of this crime, a prison sentence will not be seen as any measure of justice but simply exacerbate our pain and create additional victims in Rob's family."

As a result of being found criminally responsible for Magnuson's death and Pacheco's injuries, Ramage faces not only a prison term but also a loss of his permanent residency in the U.S., where he currently works as a financial advisor in the St. Louis area and has been involved for years in many charitable enterprises, including working with children dying of cancer.

Unlike himself, his wife Dawn and their children, Tamara, 23, Jaclyn 21, and John, 16,. are all U.S. citizens. Court heard there is a slim chance that Ramage would be allowed to return to the U.S. if he receives a conditional sentence, which must be served in Canada.

A prison sentence for all intents and purposes would prohibit him from returning to the U.S.

More than 100 letters of support, many providing stunning tributes to Ramage, his friendship and work in the community, were filed with the court, including letters from 24 former NHL players.

Regardless of what sentence is imposed, Greenspan said Ramage intends to speak to youths about the dangers of drinking and driving.

"He believes he has a duty to warn junior hockey players of the dangers of alcohol and driving," Greenspan said. "He wants the opportunity to make a positive contribution."

Ramage is to be sentenced Jan. 17.

"The task I have is, indeed, monumental as Mr. Tait suggested," Justice Sosna said. "The task is a very difficult one."

Almost an afterthought in the trial, Pacheco today told the court how her injuries have dramatically changed her life. Not only did they prevent her from picking up her young child the day of the crash, the accident has also made her fearful of driving, especially on Rutherford Rd., which she previously used routinely before the tragedy.

On hand today were former NHLers Mike Gartner, Mike Kitchen and Stu Grimson as well as other friends and family, including Ramage's wife Dawn and Pacheco's husband Paul.

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